Legal Question in Criminal Law in California

can abandoned property be held as evidence only if directly connected to a crime

can abandoned property be held as evidence only if directly connected to a crime?


Asked on 4/19/02, 2:25 am

2 Answers from Attorneys

David Diamond Diamond & Associates

Re: can abandoned property be held as evidence only if directly connected to a c

Sometimes, it really depends on the surrounding circumstances. Please contact my office at 310/277-1707.

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Answered on 4/19/02, 2:38 pm
Victor Hobbs Victor E. Hobbs

Re: can abandoned property be held as evidence only if directly connected to a c

Any property that is found is supposed to be turned over to the police to be held for 30 days. This is not the rule in landlord tenant cases. Then it can be turned back over to whomever found it. The police are inclined to hold property in a criminal case for a bit longer than necessary. If a case isn't filed with the D. A., and they think one might be filed. Sometimes the police will hold it until the D. A. orders it to be released. That is if the D. A. gets a report from the police but the D. A. doesn't file on it.

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Answered on 4/19/02, 4:04 pm


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